Commercial Litigation and Arbitration

July 16, 2007

Federal Rule of Civil Procedure 56 requires the submission of admissible evidence on summary judgment. Rule 56(e) provides that "[s]upporting and opposing affidavits shall be made on personal knowledge, [and] shall set forth such facts as would be admissible in evidence...." The cases consistently hold that inadmissible matter may not be considered on sum ...
Federal Rule of Civil Procedure 56 requires the submission of admissible evidence on summary judgment. Rule 56(e) provides that “[s]upporting and opposing affidavits shall be made on personal knowledge, [and] shall set forth such facts as would be admissible in…

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